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  1. #1
    superhero is offline Junior Member
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    Friend in Florida caught receiving marijuana in mail

    What is the name of your state (only U.S. law)? FLorida

    I have a dear friend who...we will say she has Multiple sclerosis (it's actually a similar disease with a different name, but MS is the one people are familiar with). She lives in a conservative county in northern Florida.

    So, on to the question. She was alleged to have received 15 grams of cannabis in the mail from a person in California, and the police came with a search warrant after, I assume, finding the package. I am very worried about her, but at the same time, I know that a regular charge for 15 grams would be drug court and dismissal of charges.

    But is receiving it in the mail from another state the same type of charge as just randomly getting caught with it? That's the question. Remember, this is just a small, routine misdemeanor quantity, but it came in the mail.
  2. #2
    CourtClerk is offline Senior Member
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    And now it's become a federal offense....

    your "friend" needs an attorney that specializes in federal criminal offenses because they are MUCH harder on stuff like this than those regular old, state pat them on the back of the hand offenses...

    congrats.
  3. #3
    superhero is offline Junior Member
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    Quote Originally Posted by CourtClerk View Post
    And now it's become a federal offense....

    your "friend" needs an attorney that specializes in federal criminal offenses because they are MUCH harder on stuff like this than those regular old, state pat them on the back of the hand offenses...

    congrats.

    I am curious, what makes you think the federal government would get involved over 15 grams of cannabis? Is your assumption based upon anecdotal reports, or do you have first hand knowledge of this?
    Last edited by superhero; 08-28-2010 at 12:51 PM.
  4. #4
    CourtClerk is offline Senior Member
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    Quote Originally Posted by superhero View Post
    I am curious, what makes you think the federal government would get involved over 15 grams of cannabis? Is your assumption based upon anecdotal reports, or do you have first hand knowledge of this? Also, I was wondering why and who are you are congratulating?
    My years of working in a correctional center run by the Federal Bureau of Prisons...
  5. #5
    CourtClerk is offline Senior Member
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    Quote Originally Posted by superhero View Post
    I am curious, what makes you think the federal government would get involved over 15 grams of cannabis?
    And by the way... they'd get involved, because you used their mail service to transport your drugs.
  6. #6
    cyjeff is offline Senior Member
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    Quote Originally Posted by superhero View Post
    I am curious, what makes you think the federal government would get involved over 15 grams of cannabis? Is your assumption based upon anecdotal reports, or do you have first hand knowledge of this?
    And the fact that the package crossed state lines.

    You see, when interstate illegal action occurs, then the fed becomes involved.

    Before you get on that high horse, you should make sure that horse is on stable ground.

    Now, apologize to the nice volunteer.
  7. #7
    superhero is offline Junior Member
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    I appreciate your reply court clerk, but I'm honestly feeling as if you're seeing things only in black and white here. Are you aware of how small a quantity 15 grams is? Sure, I believe if you were shipping pounds and pounds the DEA may get involved... but I don't believe the federal government pursues small quantities unless there is a special reason to.

    Besides, this isn't a hypothetical question... the county sheriff in Florida is the one who served the warrant... I guess that pretty much invalidates your assumption of the federal government chasing someone down over half an ounce. Not to say your beliefs didn't have some basis in reality, but I think you must be thinking of major trafficking organizations using the mail.
    Last edited by superhero; 08-28-2010 at 01:06 PM.
  8. #8
    CourtClerk is offline Senior Member
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    Quote Originally Posted by superhero View Post
    I appreciate your reply court clerk, but I'm honestly feeling as if you're seeing things only in black and white here. Are you aware of how small a quantity 15 grams is? Sure, I believe if you were shipping pounds and pounds the DEA may get involved... but I don't believe the federal government pursues small quantities unless there is a special reason to.
    Ok... you go ahead and think that. Where did you get either your law degree or work experience by the way?
  9. #9
    CourtClerk is offline Senior Member
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    Quote Originally Posted by superhero View Post
    Besides, this isn't a hypothetical question... the county sheriff in Florida is the one who served the warrant... I guess that pretty much invalidates your assumption of the federal government chasing someone down over half an ounce.
    No, it doesn't. It means that they later forward the information because after all, there is no where in the law that says that the DEA has to serve the warrant to make it valid, nor is there anywhere in the law that says that the DEA has to be involved from the start in order to get involved later. Let's not forget the Postmaster General.

    Unless you know something I don't know.
  10. #10
    Dillon is offline Senior Member
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    Quote Originally Posted by cyjeff View Post
    And the fact that the package crossed state lines.

    You see, when interstate illegal action occurs, then the fed becomes involved.

    Before you get on that high horse, you should make sure that horse is on stable ground.

    Now, apologize to the nice volunteer.
    by federal government do you mean the UNITED STATES or THE UNITED STATES OF AMERICA ?

    its my understanding, they are not the same legal entity.

    its my understanding, that the DOJ does not have Title 28 authority to prosecute for THE UNITED STATES OF AMERICA in its official
    capacity, only in its private capcaity.

    its my understanding, the DOJ can only prosecute OFFICIALLY for the UNITED STATES.
    Last edited by Dillon; 08-28-2010 at 04:05 PM.
  11. #11
    CdwJava is offline Senior Member
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    The USPS or the DEA often get involved after or when the locals are involved. While they may be satisfied to let the local sheriff's office handle the matter, there i likely a regional task force that might be interested in this interstate sales case because it could very well involve something bigger and more serious. These cases have a way of starting local and going national. We have had some similar cases in this area where the feds DID get involved for quantities even less than 15 grams. If your friend is lucky, they might just let the locals deal with it, but chances are excellent that they are going to review the investigation to see whether it is something they might want to be involevd in.
    A Nor Cal Cop Sergeant

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    And a croissant!"

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    Walk humbly with your God

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  12. #12
    superhero is offline Junior Member
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    Dillon, I believe what my friend, court clerk, is suggesting is that the DEA will be interested in my friends half ounce of cannabis. I'm not saying it's impossible, but if I were to let myself go I would really have to say that assertion is preposterous. What about the thousands upon thousands of people caught each year on the federal highways with small stashes of cannabis? I mean, they crossed state lines and used the federal highway system... Does anyone here really , truly believe the DEA has time to chase down each person with a quarter baggie? That's all I'm saying.

    I don't really want to debate federal versus state anymore, so...I mean, they could have used UPS or Fedex for all I know...I don't have every last detail. Back to my original question.... as state of Florida charges are concerned, is receiving 15 grams in the mail any different that simple possession (as if you were caught with it randomly)?
  13. #13
    CdwJava is offline Senior Member
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    Quote Originally Posted by superhero View Post
    Dillon, I believe what my friend, court clerk, is suggesting is that the DEA will be interested in my friends half ounce of cannabis. I'm not saying it's impossible, but if I were to let myself go I would really have to say that assertion is preposterous. What about the thousands upon thousands of people caught each year on the federal highways with small stashes of cannabis? I mean, they crossed state lines and used the federal highway system... Does anyone here really , truly believe the DEA has time to chase down each person with a quarter baggie? That's all I'm saying.

    I don't really want to debate federal versus state anymore, so...I mean, they could have used UPS or Fedex for all I know...I don't have every last detail. Back to my original question.... as state of Florida charges are concerned, is receiving 15 grams in the mail any different that simple possession (as if you were caught with it randomly)?
    Using the interstate mails or shipping is something far more interesting for the feds than someone driving in their car. It is rare for the feds to get involved in driving transportation absent some pretty intriguing connection.

    As for the state charges, has your friend been charged? If so, what statute has been alleged? Absent that statute it is hard to say what they are alleging ... possession, sales/distribution, conspiracy for sales, etc. I doubt there is any additional state offense for receiving it in the mail, but that may allow for a conspiracy or distribution offense to be added where it might not otherwise be.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  14. #14
    superhero is offline Junior Member
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    Quote Originally Posted by CdwJava View Post
    Using the interstate mails or shipping is something far more interesting for the feds than someone driving in their car. It is rare for the feds to get involved in driving transportation absent some pretty intriguing connection.

    As for the state charges, has your friend been charged? If so, what statute has been alleged? Absent that statute it is hard to say what they are alleging ... possession, sales/distribution, conspiracy for sales, etc. I doubt there is any additional state offense for receiving it in the mail, but that may allow for a conspiracy or distribution offense to be added where it might not otherwise be.

    I looked up Florida marijuana penalties and 20 grams or less is a misdemeanor. I don't know what statute she's charged with yet. She was released from jail on bail that same day. I'm not sure how an intent to distribute case could possibly be made for 15 grams, is that even possible if there is no evidence of sales? You should understand, the person we're talking about here is wheelchair bound and is definitely not the "dealer" type, at all.
    Last edited by superhero; 08-28-2010 at 05:17 PM.
  15. #15
    CdwJava is offline Senior Member
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    Quote Originally Posted by superhero View Post
    I looked up Florida marijuana penalties and 20 grams or less is a misdemeanor. I don't know what statute she's charged with yet. She was released from jail on bail that same day.
    then the paperwork should have that information.


    I'm not sure how an intent to distribute case could possibly be made for 15 grams, is that even possible if there is no evidence of sales?
    I am not familiar with all of FL's laws, but they likely have laws against buying and selling or conspiring to transport marijuana - all of which can be argued here.

    You should understand, the person we're talking about here is wheelchair bound and is definitely not the "dealer" type, at all.
    That might mitigate the state's prosecution, but they - and the feds - may also have a serious interest in her supplier.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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